Courthouse Steps Decision Teleforum: The Dutra Group v. Batterton
Jul 10, 2019 ·
29m 33s
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Description
On June 24, 2019, the Supreme Court, in an opinion written by Justice Alito, decided The Dutra Group v. Batterton, which answered the question, can a Jones Act seaman recover...
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On June 24, 2019, the Supreme Court, in an opinion written by Justice Alito, decided The Dutra Group v. Batterton, which answered the question, can a Jones Act seaman recover punitive damages on his or her unseaworthiness claim? The plaintiff, a Jones Act seaman employed by Dutra Group, was injured on the defendant’s dredge vessel on the West Coast. A hatch blew open and crushed his hand. The district court denied the defendant’s motion to strike the punitive damages claim; the Ninth Circuit affirmed. This decision set up a split in the circuits, because a couple of years earlier the en banc Fifth Circuit held that punitive damages were not available under the rationale of an earlier Supreme Court case, Miles v. Apex Marine.
The Supreme Court, by a vote of 6-3, reversed the Ninth Circuit and held that punitive damages are not available in an unseaworthiness cause of action. Don Haycraft will analyze the opinion and the dissent, written by Justice Ginsberg.
Featuring:
Don Haycraft, Of Counsel, Liskow & Lewis
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.
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The Supreme Court, by a vote of 6-3, reversed the Ninth Circuit and held that punitive damages are not available in an unseaworthiness cause of action. Don Haycraft will analyze the opinion and the dissent, written by Justice Ginsberg.
Featuring:
Don Haycraft, Of Counsel, Liskow & Lewis
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.
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Author | The Federalist Society |
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